Andrews v. Huckabee's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard, before the Hon. James B. Glare. This bill was filed by Patrick H. Andrews and wife, the appellants, against the administrator of George F. Huckabee, deceased, who was the former husband of Mrs, Andrews, to compel an account and settlement of the intestate’s trusteeship of liis wife’s separate estate, which she held under the will of her father.
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Appeal from the Chancery Court of Greene. Heard, before the Hon. James B. Glare. This bill was filed by Patrick H. Andrews and wife, the appellants, against the administrator of George F. Huckabee, deceased, who was the former husband of Mrs, Andrews, to compel an account and settlement of the intestate’s trusteeship of liis wife’s separate estate, which she held under the will of her father. Huckabee and wife were married on the 11th January, 1850 ; and ITuck-abee died on the 24th March, 1851. The contested items of the account are, the hire of slaves belonging to the wife, which the husband…
1Opinion of the CourtWalker, J.
If tlie plea of the statute of non-claim is maintainable, the consideration of the most of the other questions in this case would be supererogatory. We therefore proceed at once to declare the law, as we understand it, in reference to that plea.
The allegation of the facts necessary to make the statutory bar applicable to the cause of action, is indispensable to the sufficiency of the plea. — 2 Daniel’s Ch. Pl. & Pr. 687; Maury’s Adm’r v. Mason, 8 Por. 811; Goodman v. McGehee, 15 Ala. 283; Grady v. Robinson, 28 Ala. 289.
If the presentation of the claim, within the time prescribed by law, is…
2Cases cited22 opinions
- Locke's v. PalmerSupreme Court of Alabama · 1855
- McCauley v. StateSupreme Court of Alabama · 1855
- Jones v. JonesSupreme Court of Alabama · 1850
- Owen v. SlatterSupreme Court of Alabama · 1855
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
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3Cited by22 opinions
- Short v. BattleSupreme Court of Alabama · 1875
- Hays v. CockrellSupreme Court of Alabama · 1867
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
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